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Jurors and New Media

General Information

SELECTED JUROR INFORMATION

If you are selected as a prospective juror in a particular case, the judge will
admonish you not to speak with any other juror or other person about any
subjects connected with the case until the case is submitted for deliberation.
In addition, you are not to allow any juror or other person to speak to you
about subjects related to the case.

If you were to discuss the facts of the case, or your impressions of it, with a
fellow juror, your family, friends or any other person, you would be exposing
your mind to outside influences. Remember that all cases must be decided solely
on the evidence received in the courtroom.

In addition, the admonition that you neither form nor express opinions on the
case requires that you keep an open mind until all evidence has been presented
and the case has been submitted to you and your fellow jurors for deliberation.
Even an inadvertent violation of this instruction would be a violation of your
oath as a juror.

You will be asked to wear a badge so that you will be recognized as a juror and
avoid subjecting yourself to any inappropriate discussions related to the case.
If you believe someone has deliberately tried to speak to you about the case,
you must report the incident to the judge immediately.

Jurors serve in two kinds of cases, criminal and civil. In a criminal case, the
plaintiff is a prosecutor who represents the State of California. The prosecutor
alleges that the defendant committed a crime. The prosecution has the burden of
proving each element of the crimes charged beyond a reasonable doubt. In a civil
case, a person or entity - the plaintiff - asks the Court to protect some right
or help recover money or property from another person or entity - the defendant.
There is a different burden of proof for civil cases.

Opening Statement:

First the attorney for the plaintiff in a civil trial, or the deputy district
attorney in a criminal trial, will tell the jury what he or she intends to
prove. The attorney for the defense may speak after that or may wait until after
the other side presents its evidence.

Presentation of the Evidence:

After the opening statements, each side in the case will present its evidence.
This is done by calling witnesses, asking them questions and presenting exhibits
such as photographs, papers, charts, weapons or any other evidence to prove its
case. Sometimes the defense in the case will not present evidence. In a criminal
case, the defendant is presumed innocent and the prosecution has the burden of
establishing guilt beyond a reasonable doubt. No criminal defendant is required
to supply a defense. Each side has the opportunity to ask questions of all
witnesses called to testify.

Generally speaking, witnesses, exhibits admitted by the judge, witnesses' sworn
written depositions and any stipulations or agreements between the sides as to
certain facts of the case, are examples of evidence.

Judges and lawyers must follow the Evidence Code, which has been created over
time to insure a fair trial. During a trial, information may come up that cannot
be considered as evidence, and the judge will tell you to not to consider it
when deliberating. The judge decides which evidence is proper or admissible
according to the law. Although the judge decides which evidence you may
consider, you decide if that evidence is believable and how important it is to
the case.

Closing Argument:

After presentation of all the evidence, the attorneys will sum up the case from
their perspectives. Taking turns, each side will tell you what he or she
believes the evidence shows and why it favors his or her side.

Instructions to the Jury:

The judge will instruct you on your duties as jurors either before or after the
attorneys present their closing arguments. The judge will also tell you about
the law that applies to the case.

In the Jury Deliberation Room:

After instructions and closing arguments, the bailiff or court attendant will
escort you to the jury room where you and the other jurors will deliberate.
First, you will select one of the jurors as foreperson. He or she leads the
discussion and tries to encourage everyone to join in. Do not be afraid to speak
out during deliberations. The whole idea of a jury is to come to a decision
after full and frank discussion of the evidence and the instructions, based on
calm, unbiased reasoning. In civil cases, it takes nine jurors to reach a
verdict. In criminal cases, the verdict must be unanimous.

The Verdict:

When you have reached your verdict - which may come after a few hours or several
days - the foreperson will record your verdict on an official form. The bailiff
will tell the judge you are ready and you will return to the jury box. The judge
will ask if you have reached a verdict. The foreperson will answer, handing the
written verdict to the bailiff for delivery to the judge. The clerk will read it
aloud and mark the record accordingly. Sometimes one or all of the parties will
ask that the jury be "polled". This means that the judge or clerk will ask each
juror individually if this is his or her own verdict. The juror's service will
then be complete in most cases.

The selection and management of jurors is governed by the California Code of
Civil Procedure. Jurors' names are selected at random from lists of registered
voters and persons who have valid California drivers licenses or identification
cards issued by the Department of Motor Vehicles. The two lists are combined to
create one Master Jury List. The summonses are mailed approximately two weeks
prior to the service date. The summons contains information and instructions on
how to have jury service postponed; how to request to be excused for service; or
how to notify the Court of disqualification from jury service.

If you have been summoned for jury duty, read the summons carefully and follow
its instructions.

The Amador Superior Court operates on a One Trial/One Day system. Jurors are
instructed to call a recorded message the day prior to the summons date, after 5
PM, for reporting instructions. Jurors may also check the Jury Duty Instructions
on this website.

Once instructed to report to the courthouse, a juror may or may not be selected
to serve as a juror in a trial court. The Jury Commissioner is required to have
a sufficient number of jurors for all anticipated trials.

If a prospective juror is selected to serve on a trial as a sworn juror, the
term of service will be the length of that trial. Trials vary in length.

If a prospective juror is not selected to serve on a trial by the end of the
first day at the courthouse, and the judge has not ordered the juror to return
for another day of jury selection, jury service is complete. Approximately 80%
of our prospective jurors complete their service in one day.

State law does not currently require employers to continue paying the salary of
employees while they are serving as jurors. However, many employers including
state, federal, and local government agencies, have a policy which compensates
employees for at least part, if not all the time spent for jury service. Before
coming to court, the juror should talk with his or her employer.

Prospective jurors are paid the amount mandated by the State Legislature, $15.00
per day for the second and subsequent day of service. "Service" is defined as
physically reporting to the courthouse. The mileage reimbursement is 34 cents
per mile one-way from your home to the courthouse, beginning with the second
day.

Payroll checks are not forwarded by the Post Office. Therefore, it is important
that the jury office has the correct name and address of each of its serving
jurors in order to make sure the jurors receive their checks timely.

Every resident of Amador County who is qualified to serve and who does not have
a legal hardship or excuse must appear for jury service when summoned. Willful
failure to appear is contempt of Court. Contempt of Court is punished by fine of
up to $1,000.00 and/or five days in the county jail.

Employers cannot discriminate against employees serving on jury duty. Employers
must allow employees time off to serve on a jury. The California Labor Code,
section 230, prohibits any employer from firing or harassing an employee who is
summoned to Court for jury service as long as reasonable notice is given. The
California Education Code, Sections 44037 and 87036 protect teachers and
students as well. Employers can also be prosecuted criminally for violating the
aforementioned statues.

If you will need special arrangements when you report (e.g., assistive listening
device, accessibility, sign language interpreter, etc.), please call
209-257-2642 at least five days prior to your service date. If you are
requesting a sign language interpreter, it is possible that your service date
will be rescheduled to the next available date for an interpreter. You will be
notified of any changes.

Qualifications for jury service are established by California Code of Civil
Procedure, Section 203, and are outlined below. If you find that you are not
qualified to serve, please complete the portion of your summons titled "Not
Qualified." Affidavits must be received by the jury office at least three
working days prior to your service. Otherwise, you are expected to be available
as scheduled with disqualification to be determined by the Judge. You will only
hear back from the court if your request is denied.

YOU MUST:

Be a citizen of the United States.

Be at least 18 years of age.

Be a resident of Amador County.

Have sufficient understanding of the English language.

Have had your rights reinstated if convicted of a felony or malfeasance.

YOU MUST NOT:

Be currently serving as a Grand Juror.

Be under Court appointed conservatorship.

Have been convicted of a felony or malfeasance in office.

Be a Peace Officer pursuant to 830.1(a) or 830.2(b)(c) of the Penal Code,

Jury staff will be as flexible as possible when scheduling jurors for jury
service. However, jury service may mean rearranging your schedule, cancelling
appointments, and missing work.

If your summoned date is not convenient, you may request one postponement for a
period of up to 90 days. (Students and Teachers may be rescheduled to the next
school break. Breastfeeding mothers may be postponed for a period of up to one
year.)

To request a postponement, please complete the portion of your summons titled
"Request for an Excuse or One Time Postponement." The jury office must receive
the affidavit at least three working days prior to your service, Otherwise, you
are expected to be available as scheduled. You will only hear back from the
court if your request is denied.

California Rule of Court, Rule 2.1008, specifies the grounds on which the Jury
Commissioner's Office is allowed to excuse jurors from jury service. Postponing
jury service is preferred to excusing a prospective juror. Inconvenience to a
prospective juror or employer is not an adequate reason to be excused from jury
duty. Requests must be made in writing and supported with facts and/or
appropriate documentation.

To request an excuse, follow the instructions and complete the portion of your
summons titled "Request to be Excused". The jury office must receive affidavits
at least three working days prior to your service. Otherwise, you are expected
to be available as scheduled. You will only hear back from the Court if your
request is denied.

Please dress appropriately for the courtroom. Business or casual attire is
suggested. Shorts and tank tops are not acceptable. Any juror not appropriately
dressed will be excused to return the next court day in appropriate attire. The
temperature of the jury assembly area and courtrooms can be unpredictable.
Jurors are encouraged to dress accordingly.

The first twelve to eighteen names on a random list of jurors will be called.
These people will take seats in a jury box. The rest of you will remain seated
in the courtroom. The judge will explain what the case is about and introduce
the lawyers and parties to you. All prospective jurors will be required to agree
to truthfully answer all questions asked.

Next, the judge and/or attorneys will question each one of you seated in the
jury box to find out if you would be an appropriate juror in the particular
case. If you were asked to complete a Voir Dire Questionnaire, they will use it
to help them pose appropriate questions.

CHALLENGES:

An attorney may "challenge you for cause". This means the attorney will ask
the judge to excuse you from the jury for a specific legal reason. Each lawyer
has an unlimited number of challenges for cause. Each attorney also has the
right to a certain number of "peremptory" challenges. That is, the attorney may
ask that you be excused without giving any reason at all. If this happens, do
not take it personally. The lawyer is merely exercising a right given by law.
Once excused, report to the jury office for any entitled mileage reimbursement.

After the required number of jurors has been chosen, the jury panel is sworn to
try the case.

Those summoned in these groups DO NOT NEED to report for jury service on
Tuesday 11/08/16 or Wednesday 11/09/16.
If your presence is required in the future a new summons will be issued.

300, 301, 302, 303, 304 and 305

JURY TRIAL HAS BEEN VACATED ALL GROUPS RELEASED

Those summoned in these groups DO NOT NEED to report for jury service on
Wednesday 11/02/16.
If your presence is required in the future a new summons will be issued.

200, 201, 202, 203, 204, 205, 206, 207 and 208

JURY TRIAL CONFIRMED
these JURORS NEED TO APPEAR

209, 210, 211 and 212

Those summoned in these groups for NEED to report for jury service on Tuesday 11/01/2016 at 12:30 p.m. Please have your summons and a valid
I.D. with you at check-in.

UPDATE as a 10:30am -- the jury trial has been reduced to a court trial only. Jurors that do appear at check-in will receive one year of jury service. Those jurors that do not appear, your service is not needed at this time.
If your presence is required in the future, a new summons will be issued.

Those summoned in these groups are release from service.
If your presence is required in the future, a new summons will be issued.

POSSIBLE JURY SCAMS

PLEASE BE AWARE OF POSSIBLE JURY SCAMS....

Identity thieves have a scam in which the scammer calls persons and claims to
work for the local trial court. The scammer indicates the person has failed to
report for jury duty and a warrant for his/her arrest will be issued. The
scammer solicits personal identifying information, i.e., social security number,
date of birth, credit card information, etc.

Please be advised that, while court personnel may occasionally call prospective
jurors at home, we will never ask for social security numbers or any other
personal identifying information, other than your name.